Kooralbyn Resort Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Kooralbyn Resort Pty Ltd for approval of a nomination for a position under the Direct Entry stream. The dispute arose from the Department's refusal to approve the nomination, which the applicant sought to have reviewed. The Tribunal was tasked with determining whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominating business, Kooralbyn Resort Pty Ltd, was financially viable and capable of supporting the nominated employee in the position for at least two years on a full-time basis, as required by regulation 5.19(4)(d)(i). The Tribunal also considered the broader financial position of the group of companies associated with the director, Mr. Huang, and his future plans for the business, in light of the business's reported losses over several years.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not provided sufficient objective evidence to satisfy the delegate or the Tribunal of its financial viability. While acknowledging the director's assertions of past success and future plans, the Tribunal emphasised the need for objective criteria to be met, stating that a "handshake and promise" approach was insufficient. The Tribunal noted that the financial statements and tax returns indicated losses, and that the delegate was not satisfied that the applicant could support the employment for the required period. The Tribunal concluded that the applicant had not met the requirements of regulation 5.19(4).